Many legal terms may be used in the process of estate planning, or as you approach the courts to get help with someone who is unable to care for themselves. By understanding these terms, you are better prepared to create your own estate plan as well. You may get involved in a conservatorship if a loved one appears to have a decline in mental or physical ability in the future, and this may highlight the need for you to create your own plan for your care.
You may hear the term “guardian” in relationship to taking care of someone else’s affairs. Guardians and conservators, however, are not the exact same thing in California. Conservators are those people who are appointed to manage the affairs of an adult aged 18 years or above, whereas a guardian is appointed by the court to manage the affairs of a minor under the age of 18. This can be confusing because guardianship is used in many other states to refer to the conservatorship process that applies in California.
A conservatorship is typically initiated by a family member of a person who is unable to manage their medical, financial, or personal affairs. Sufficient medical evidence is required to convince the court that a conservatorship is needed, and that no other less restrictive alternative should apply. In these cases where the court believes that conservatorship is most appropriate, an individual is appointed to manage the affairs of the conservatee.
If you still have more questions about this process, our lawyers can walk you through what to expect and answer those questions for you.
If you’re concerned about getting a conservatorship for someone in California, California has set up a time to speak with our Pasadena estate planning lawyers.
